Justice Salim Joubran is again asked to render a decision on appeal, pertaining to denial of access to inspect the original decision records in Zadorov's case under the reasoning of "Jumble" in the court file. Roman Zadorov is held by the Israeli authorities as purportedly serving life imprisonment sentence after purportedly being convicted of murder, but no valid Verdict or Sentencing records are to be found... The Supreme Court (and likewise the Nazareth District Court) denies public access to inspect the authentic decision records in Zadorov's trial court file. Instead, it presents to the public invalid electronic records. The evidence shows close collusion, both in the Supreme Court and the Nazareth District Court, between the judges and senior prosecutors – Mirit Stern, Shila Inbar, and Tamar Borenstein - in perversion of Due Process and denial of access to inspect the records. Regardless, the evidence already discovered shows that the Nazareth District Judges Yitzhak Cohen, Esther Hellman, and Haim Galpaz perpetrated Fraud upon the Court and conducted sham/simulated trial against Roman Zadorov in Nazareth. The same conduct in an electronic court file was documented by the Ombudsman of the Judiciary in the Judge Varda Alshech "Fabricated Protocols" scandal. The same conduct was also documented in a paper court file in the case of Rafi Rotem v Baram and State of Israel - originating in the Tax Authority corruption scandal.
Complaint, which was filed with the UN Human Rights Council Arbitrary Detention Working Group, and was joined by Roman Zadorov's wife Olga Grishaev, produces indisputable evidence of the fraud by the judges in Roman Zadorov's case. Moreover, the complaint shows that the case is not unique at all. It reflects widespread incompetence and/or corruption of the Israeli justice system.
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http://inproperinla.blogspot.co.il/2016/07/2016-07-22-roman-zadorov-affair-justice.html
http://inproperinla.blogspot.co.il/2016/07/2016-07-22-roman-zadorov-affair-justice.html
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OccupyTLV, July 22 – repeat request was filed with Supreme Court Justice Salim Joubran to render a decision on an appeal, pertaining to the right to inspect original paper court decision records in Roman Zadorov's trial. [1] Roman Zadorov is held, purportedly serving life imprisonment sentence after purportedly being convicted in the gruesome murder of 13. 5 girl - Tair Rada. But no valid Verdict, Sentencing records are to be found... Top criminal defense Attorney Avigdor Feldman wrote that the judgment records lost in the wailing wind across the Jezreel valley (which Nazareth overlooks)...
The appeal originates in decision by Supreme Court Magistrate Gilad Lubinsky, which denied access to inspect the original trial court paper decision records under the reasoning of a "jumble" in the court file. [2] Magistrate Lubinsky decided that instead of inspection of the original, authentic court records, only inspection of unsigned, electronic display renditions would be permitted.
The law in this matter is clear. The Regulations say that “every person is permitted to inspect decisions that are not lawfully prohibited for publication”. Judgment in petition of the Association for Civil Right in Israel v Minister of Justice further spells out that there is no requirement even to file a request in order to inspect unsealed decisions. Moreover, the Judgment includes numerous lofty statements, such as that the right to inspect is “a fundamental principle in any democratic regime... constitutional, super-statutory...”
The appeal claims that the reasoning of “a jumble" in the court file is feeble and perplexing as an excuse for denying a constitutional right. Moreover, such reasoning raises serious concerns regarding competence of the Supreme Court, which purportedly conducted for 5 years an appeal from such court file, and at the time of filing the request to inspect, was ready to rule on a pending request for a new hearing by an expanded panel...
The appeal further claims that Magistrate Lubinsky's conduct amounts to withholding of evidence of serious fraud upon the court – through the conduct of sham/simulated trial - in the Nazareth District Court by Judges Yitzhak Cohen, Esther Hellman, and Haim Galpaz.
Such fraud is not uncommon in the Israeli courts in recent years:
The appeal also notes that conduct of Supreme Court Magistrate Lubinsky, who denied access to the original, authentic court records, and permitted only access to unsigned, electronic display renditions instead, is considered by fraud experts - “Shell Game Fraud”, or “Confidence Trick”.
It should be noted that Roman Zadorov's Counsel, Attorney Yarom HaLevy, did not object to the inspection. In contrast, Magistrate Lubinsky conducted secret consultation with State Prosecutor Tamar Borenstein on the matter. Both the Supreme Court and Attorney Borenstein refuse to this date to serve the responses by the State Prosecution on this matter, which were filed in the Supreme Court, in violation of the fundamentals of Due Process. With is, one may guess that the responses were of conspiratorial nature, like those of the North District Attorneys in the Nazareth District Court.
Events in the Nazareth District Court were surprisingly similar. The Court provided access to invalid electronic records, but Presiding Judge Avraham Avraham denied access to the electronic signature (evidently missing) data, which would show whether the records are authentic, or only “drafts”. There too, Presiding Judge Avraham Avraham conducted secret consultation with the State Prosecution in this matter...
Figure 2: State of Israel v Roman Zadorov (502/07) in the Nazareth District Court - the secret January 26, 2016 filing by North District Attorney Office - Attorney Shila Inbar - on request to inspect the paper decision records (original records ) in this case.
Such fraud is not uncommon in the Israeli courts in recent years:
- The appeal notes that similar fraud was documented in an electronic court file by Ombudsman of the Judiciary in Judge Varda Alshech "Fabricated Protocols" scandal. Moreover, the Ombudsman's decision documented that Judge Alshech's conduct was not unique at all, and is common among judges today.
- The appeal provides evidence of similar fraud, which was documented during inspection of the paper court file in the case of Rafi Rotem v Baram and State of Israel. The case originated in the Tax Authority corruption scandal. Regarding conduct of the courts relative to Tax Authority whistle-blower Rafi Rotem media reported "The courts have been abusing a justice crusader for over a decade". And Supreme Court Justice Mazuz, then former Attorney General, expressed his disappointment with conduct of the courts in the Tax Authority scandal as well...
The appeal also notes that conduct of Supreme Court Magistrate Lubinsky, who denied access to the original, authentic court records, and permitted only access to unsigned, electronic display renditions instead, is considered by fraud experts - “Shell Game Fraud”, or “Confidence Trick”.
It should be noted that Roman Zadorov's Counsel, Attorney Yarom HaLevy, did not object to the inspection. In contrast, Magistrate Lubinsky conducted secret consultation with State Prosecutor Tamar Borenstein on the matter. Both the Supreme Court and Attorney Borenstein refuse to this date to serve the responses by the State Prosecution on this matter, which were filed in the Supreme Court, in violation of the fundamentals of Due Process. With is, one may guess that the responses were of conspiratorial nature, like those of the North District Attorneys in the Nazareth District Court.
Events in the Nazareth District Court were surprisingly similar. The Court provided access to invalid electronic records, but Presiding Judge Avraham Avraham denied access to the electronic signature (evidently missing) data, which would show whether the records are authentic, or only “drafts”. There too, Presiding Judge Avraham Avraham conducted secret consultation with the State Prosecution in this matter...
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Attorney Shila Inbar's secret filing in the Nazareth District Court in part says:The nature of the requests is unclear, and it appears that their purpose is to establish conspiracy theories pertaining to instant court file and/or the justice system in general... The Requester is trying to abuse the term "Right to Inspect"... The Requester has not been appointed Ombudsman of the Courts yet...
Furthermore, North District Attorney Mirit Stern denied a request to be duly served Attorney Shila Inbar's response under false claim that the request was for inspection of "investigation materials"...
Figure 3: February 21, 2016 response by North District Attorney Mirit Stern on request to duly serve the January 26, 2016 response by North District Attorney Office - Attorney Shila Inbar - on Pro-forma request to inspect the paper court decisions (original records) in State of Israel v Zadorov (502/07) in the Nazareth District Court. Attorney Stern refused to duly serve the January 26, 2016 response under false pretense, that the request was for inspection of "investigation materials". The false response was the foundation for a complaint against Attorney Mirit Stern, filed with Commissioner of Prosecutorial Oversight Hila Gerstel.
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Figure 4: State of Israel v Roman Zadorov (502/07) - Judge Avraham January 25, 2016 Decision on Request to Inspect paper decision records (original records). The Request was conducted in patent violation of the law, which permits inspection in previously published decision with no request process at all, and does not provide the judges any discretion to adjudicate the matter.
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Attorney Shila Inbar's secret filing in the Nazareth District Court also approves of Judge Avraham's previous decision to deny access in Request No 120.
Request No 120 pertained to attempt to exercise the right to inspect "lawfully made arrest warrant" and "lawfully made judgment docket". Judge Avraham's Decision says:Attorney Shila Inbar's secret filing in the Nazareth District Court also approves of Judge Avraham's previous decision to deny access in Request No 120.
... these are not requests to inspect, but an investigation by the Requester of the validity and operations of Net-HaMishpat system and various other claims relative to conduct of the judicial panel in instant court file. In such matters, this Court shall not engage...
Incredibly, all the fundamentals of valid court trial are missing in this case...
The relationships between the court and the State Prosecution, both in Nazareth and in the Supreme Court show close collusion, but raise questions as to who controls the situation: The judges, or the prosecutors...
Regardless of conduct of the Nazareth District Court and the Supreme Court, the evidence which has so far been discovered shows that Judges Yitzhak Cohen, Esther Hellman and Haim Galpaz conducted a sham/simulated trial on Roman Zadorov in the Nazareth District Court.
Complaint was filed with the UN Human Rights Council Working Group on Arbitrary Detention, and was joined by Roman Zadorov's wife Olga Grishaev. [3,4] The complaint concludes:
- Roman Zadorov is arbitrarily detained by the Israeli Prison Service - with no lawfully made Arrest Decree.
- Roman Zadorov's trial by the Nazareth District Court should be deemed sham/simulated process -- deprivation of Due Process and Fair and Public Hearing -- which ended with neither lawful Verdict nor Sentencing record.
- Roman Zadorov's appeal in the Israeli Supreme Court should be deemed lacking in authority and validity from start to end -- originating with no valid judgment records of the lower court, conducted with no valid records of the hearings, and where all decisions records are of dubious validity.
- Roman Zadorov's detention by the Israeli authorities allegedly violates articles of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, originates in Discrimination based on Nationality, Language, and/or Religion, and in inadvertent political reasons.
- Roman Zadorov's case reflects widespread incompetence and/or corruption of the Israeli justice system, including its highest echelons, to a level that would be recognized in criminology as "Organized State Crime".
The Roman Zadorov case in Israel is a mirror image of the Mendel Beilis affair in the Ukraine a century ago... [5]
LINKS
[1] Zernik v Zadorov and State of Israel (4650/16) in the Supreme Court - repeat request for rendering a decision
[2] 2016-06-09 Joseph Zernik v Roman Zadorov and State of Israel (4650/16) in the Supreme Court – appeal of Magistrate decision
יוסף צרניק נ רומן זדורוב ומדינת ישראל (4650/16) ערעור על החלטת רשם מיום 09 ליוני, 2016
[3] 2016-07-11 In RE: Roman Zadorov - Ukrainian citizen detained in Israel - complaint and request for investigation by the UN HRC Working Group on Arbitrary Detention
[4] 2016-07-14 Supplemental letter - Ms Olga Grishaev joins the complaint
[5] 2016-07-12 ROMAN ZADOROV - the Israeli Mendel Beilis
